What is a Deposition?
Many people have heard the word "deposition" before, but many people do not know what a deposition actually is. In its most basic sense a deposition is an examination, under oath, conducted by one party to a lawsuit against the other party to the lawsuit. There are usually three parties present at a deposition: lawyers (for both the plaintiff(s) and the defendant(s), the deponent (the person being deposed) and a stenographer.
At the beginning of the deposition the deponent is sworn in under oath by the stenographer. Every word that is uttered at the deposition – by either the lawyers present, or the deponent – is recorded and eventually transcribed by the stenographer. For almost all people, a deposition is a rather undesirable event because the deponent is peppered by questions from the adverse attorney.
Depositions are usually very expensive and they are only conducted when a case is in litigation. It is important that your attorney(s) prepare you adequately for what to expect at a deposition, and to impress upon you how significant the deposition actually is.
My friend and colleague Frank Kautz, Esq. is a general practitioner in Massachusetts and he has compiled a very useful set of materials to help people adequately prepare for a deposition. Please click here for this very important and very useful set of materials.
If you have further questions concerning depositions in the context of personal injury law in Massachusetts, I invite you to contact me.